120-4.29. Exemption from garnishment, attachment.
Except for the applications of the provisions of G. S. 110-136, and in connection with a court-ordered equitable distribution under G.S. 50-20, the right of a person to a pension, annuity, or retirement allowance, to the return of contributions, or to the receipt of the pension, annuity or retirement allowance itself, any optional benefit or any other right accrued or accruing to any person under the provisions of this Article, and the moneys in the various funds created by this Article, are exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and shall be unassignable except as this Article specifically provides. Notwithstanding any provisions to the contrary, any overpayment of benefits or erroneous payments to a member in a State-administered retirement system, the Disability Salary Continuation Plan, or the Disability Income Plan of North Carolina, including any benefits paid to, or State Health Plan premiums or claims paid on behalf of, any member who is later determined to have been ineligible for those benefits or unentitled to those amounts, may be offset against any retirement allowance, return of contributions, or any other right accruing under this Article to the same person, the person's estate, or designated beneficiary. (1983, c. 761, s. 238; 1985, c. 402; c. 649, s. 5; 1989, c. 792, s. 2.2; 1991, c. 636, s. 13; 2017-135, s. 9(c).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 120 - General Assembly
Article 1A - Legislative Retirement System.
§ 120-4.9 - Retirement system established.
§ 120-4.10 - Administration of retirement system.
§ 120-4.12 - Creditable service.
§ 120-4.12A - Reciprocity of creditable service with other state-administered retirement systems.
§ 120-4.13 - Transfer of membership and benefits.
§ 120-4.14 - Purchase of prior service.
§ 120-4.15 - Repayment of contributions.
§ 120-4.16 - Repayments and purchases.
§ 120-4.17 - Assets of retirement system.
§ 120-4.18 - Management of funds.
§ 120-4.19 - Contributions by the members.
§ 120-4.20 - Contributions by the State.
§ 120-4.21 - Service retirement benefits.
§ 120-4.22 - Disability retirement benefits.
§ 120-4.22A - Post-retirement increases in allowances.
§ 120-4.23 - Reexamination for disability retirement allowance.
§ 120-4.24 - Return to membership of former member.
§ 120-4.25 - Return of accumulated contributions.
§ 120-4.26 - Benefit payment options.
§ 120-4.26A - Benefits on death after retirement.
§ 120-4.28 - Survivor's alternate benefit.
§ 120-4.29 - Exemption from garnishment, attachment.
§ 120-4.30 - Termination or partial termination; discontinuance of contributions.
§ 120-4.31 - Internal Revenue Code compliance.
§ 120-4.32 - Deduction for payments allowed.
§ 120-4.33 - Forfeiture of retirement benefits for certain felonies.
§ 120-4.33B - Prohibition on purchase of forfeited service.
§ 120-4.34 - Improper receipt of decedent's retirement allowance.